Study On Legal Improvements Of The Difficulty Of Fine Penalty’s Execution About The Crime Of Property Violation

Fine punishment as an important supplementary punishments and property punishment,it is used in many countries in the world. It can make up for short-term free punishmentcaused by cross infection; adjust the weight of the principal punishments, and therevenue increase, etc. The legislative purpose is good, but has met a lot of practicalproblems during the implementation; the violation of property crime in the execution offine punishment is particularly difficult. Because the fine punishment applicablecharges in our country mainly includes the embezzlement and bribery crimes, destroysocial management order crime, destroy the market economy order crimes andinfringement of property crime. Property crime take the majority of proportion in fineexecution, so property crime penalty implementation directly affect the difficulties offine punishment execution, thus improve the violation of property crime the executionof fine punishment is a top priority in the process of our country fine punishmentexecution.This paper collected the case data of fine punishment execution from S municipalIntermediate People’s Court, through the comparative analysis of four different angles,summarized the main cause of the fine punishment enforcement difficulty is a kind offine punishment of crime on property violations. This kind of crimes including theft,robbery, fraud, disguise concealing crimes offend, such as how to pay, because nomoney is the reason for going to crime, so if the amount of the fine is too high, this kindof person can not pay, so it will lead to perform difficultly. Of course this is just one ofthe reasons, fine punishment still exist in the legislation execution procedures, it islack of maneuverability and can’t pay without corresponding flexible measures and soon. On judicial, execution of fine punishment is still defective, judicial organs, threeauthorities are lack of communication leading to fine punishment enforcementdifficulty. The court and prison are lack of communication leading that criminals arenot fully pay. What is more, when they released, they no longer pay fine punishment ofcriminal penalty. Of course the whole social environment is also the important causeleading to the fine punishment enforcement difficulty. Now that find out the root of theproblem, we will find out how to solve this problem, because the history of the finepunishment in our county is short, so you should learn from another countries such asBritain and America. The application of pecuniary penalty in these countries has been relatively mature. Labor field lien system in Japan, the forehead gold system inGermany, the mandatory contribution system in American and British system ofcommunity service, all these can provide reference for our country. This paper finallyfrom the legislative and judicial way makes applicable suggestions for perfect thissystem, looking forward to improve claim settlement rate.